DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 07874-08
23 March 2009
This is in reference to your.application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 March 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that on 31 January 2002, the Physical Evaluation
Board made preliminary findings that you were unfit for duty
because of persistent low back pain that was ratable at 10%
disabling. You received those findings on 6 February 2006, and
accepted them on 19 February 2002. You were discharged with
entitlement to disability severance pay effective 31 March 2002.
On 4 June 2002, the Department of Veterans Affairs (VA) awarded
you disability rating of 20% for a condition of your left
hip/groin, 20% for your lower back, and 0% for migraine
headaches. As your back condition worsened over time, the rating
for that condition was increased. In addition, you were awarded
ratings for newly diagnosed conditions the VA determined were
related your back condition.
The Board concluded that the disability ratings you received
from the VA are not probative of the existence of error or
injustice in your naval record. Those ratings were assigned
without regard to the issue of your fitness for military duty as
of 31 March 2002, and many were based on changes in your
physical condition that occurred after you were discharged.
Although the VA may rate any condition that was incurred in,
aggravated by, or related to a period of service, as well as
modify and add ratings throughout a veteran’s lifetime, the
military departments rate only those conditions that render a
service member unfit for duty, and ratings are fixed as of the
date of the service member’s separation or permanent retirement.
As you have not demonstrated that your hip/groin condition was
unfitting on 31 March 2002 and ratable at 20% or higher, and/or
that you back condition was ratable at 30% or more at that time,
there is no basis for corrective action in your case.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Nun a
AF | PDBR | CY2014 | PD-2014-00544
Post-Separation)ConditionCodeRatingConditionCodeRatingExam Left Groin and Hip Pain50030%Degenerative Joint Disease of the Left Hip(Claimed as Left Hip Injury)500310%20050628Other x 0 (Not In Scope)Other x 17 RATING: 0%RATING: 20% *Derived from VA Rating Decision (VARD)dated 20050713(most proximate to date of separation [DOS]). Left Hip (Thigh) ROM (Degrees)MEB 4 Mo. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB...
AF | PDBR | CY2009 | PD2009-00367
The CI was referred to the PEB, found unfit for the Lower Back condition, determined unfit for continued military service and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Naval and Department of Defense regulations. Condition 1 : Low Back Pain At a later examination done after the new VASRD rating criteria based on ROM were in effect, the VA documented a more limited ROM along with sensory deficits in bilateral lower extremities.
AF | PDBR | CY2009 | PD2009-00678
Antalgic gait; Neurostimulator in place§4.71a Rating10%20%20%20%The MEB exam on 18 October 2006, four months prior to separation, indicated the CI had an antalgic gait, positive SLR, and subjective numbness to the left groin. Although the VA exam did not document antalgic gait, it met the ROM criteria for a 20% evaluation and the Board could not reasonably consider different portions of different exams for a less favorable rating. In the matter of the GERD condition, or any other medical...
AF | PDBR | CY2012 | PD2012 01974
Chronic Left Hip Pain . However, a specialist did diagnose a soft tissue LBP condition 1 October 2002 as separate from the left hip pain The Board agreed that based on the evidence in the record both the left hip and LBP conditions were reasonably considered to be separately unfitting conditions at the time of separation. Chronic left hip pain condition: the VA rated the left hip pain condition as 8529 (neuropathy, external cutaneous nerve of the thigh) at 10%.
AF | PDBR | CY2012 | PD2012 00718
The InformalPEB (IPEB) adjudicated the left hip pain as unfitting, rated 10%, with cited application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD).The remaining (right) leg pain condition was determined to be CategoryII (conditions that contribute to the unfitting condition).The CI made no appeals and was medically separatedwith a 10% disability rating. Under any appropriate VASRD code, the disability evaluation would result in a 10% rating as granted by the PEB. ...
AF | PDBR | CY2014 | PD-2014-01698
Post-Separation)ConditionCodeRatingConditionCodeRatingExam Right Inferior Pubic Ramus Stress Fracture5099-50030%Residuals, Right Pelvis Stress Fracture w/ Lumbosacral Strain5299-523620%20050811Other x 0 (Not in Scope)Other x 020050811 Rating: 0%Rating: 20% *Derived from VA Rating Decision (VARD) dated 20050920 (most proximate to date of separation (DOS)) ANALYSIS SUMMARY :IAW DoDI 6040.44, the Board’s authority is limited to making recommendations on correcting disability determinations. ...
AF | PDBR | CY2012 | PD2012-00635
Groin Pain Condition. In the matter of the bilateral hip condition, the Board unanimously recommends that each joint be rated as separately unfitting at 10%, coded 5019, IAW VASRD §4.71a. Service Treatment Record Exhibit C. Department of Veterans Affairs Treatment Record XXXXXXXXXXXXXXXXXX President Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army Physical Disability Agency (TAPD-ZB / ), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 SUBJECT:...
AF | PDBR | CY2011 | PD2011-01056
The MEB forwarded right hip pain secondary to femoral neck stress fracture and left sacroilitis condition on the DA Form 3947 to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. An MRI done at that time noted no evidence of a left hip stress fracture. The CI was seen in follow up by Orthopedics for left hip pain in January 2009 with findings of a positive impingement test in the anterior and posterior left hip and it was noted that the more the CI walked, there...
NAVY | BCNR | CY2009 | 07721-09
You had no military status during the period from 26 June 1979 to 19 December 1988. , The Board considered your application and all pertinent records in accordance with the provisions of SECNAV Instruction 5420.193, enclosure (1), Procedures of the Board for Correction of Naval Records (codified at 32 CFR 723), paragraph 3e. During the 1979-1989 period, you received treatment from VA health care providers for multiple conditions such as hip, back and knee pain, chronic recurrent foot pain,...
NAVY | BCNR | CY2002 | 03604-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 November 2002. consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.